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Child custody

religion

The religion of one or both parents generally won’t be the basis for a court’s decision on child custody arrangements—due in part to the protections of the First Amendment to the United States Constitution—unless the evidence introduced in court shows the religious practices are abusive or will likely have a substantial harmful effect on the child, and will not be in the child’s best interest. In most circumstances parents with shared custody of their child will be free to engage in their choice of religious services and activities with the child during their time of custody.

In New Mexico, as in other states, the primary concern in child custody cases is the best interest of the child. The First Amendment to the U.S. Constitution protects religious freedom, which means that a parent's religion alone is not usually a determining factor in custody decisions. New Mexico courts will not favor one parent over the other based on religion unless there is evidence that a parent's religious practices are harmful to the child or not in the child's best interest. When parents have shared custody, each parent is typically free to engage in their religious practices with the child during their respective custody periods. However, if there are specific concerns about the child's welfare related to religious activities, the court may set certain conditions or limitations to ensure the child's safety and well-being.

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Child custody

religion

Individual & Family Legal Plan

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New-Mexico State Code

New-Mexico State Code

Child custody

religion

Articles